Form 6a

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    Form 6a

    I have sent my tenant the new FORM 6A giving 3 months notice and it states at the bottom...
    You are required to leave the below address after [ XXXX] 1 . If you do not leave, your landlord may apply to the court for an order under Section 21.

    This has confused me as I thought that what this new from was for as its headed
    "FORM 6A
    Notice seeking possession of a property let on an Assured Shorthold Tenancy"


    As after the end date I assumed I could then send the N5B form off for accelerated possession.
    Am I miss reading this?

    #2
    One of these days someone is going to defend s21 by pointing out that any time they do leave the property will be 'after' the date specified.

    Comment


      #3
      Form 6A is the right form, assuming you're in England.

      It is the form prescribed under section 21(8) to give the notice required under section 21(1) or section 21(4) of the Housing Act 1988. Section 21(1) and (4) says a court shall make an order for possession if the landlord have given three(/two) months notice in writing, and subsection (8) allows the Secretary of State to prescribe the form of that notice. So when the form says you may apply for an order under section 21(1) or (4), it is referring to the order for possession that those sections says the court shall grant.

      N5B is the form you use to actually apply to the court to ask for that order (under the accelerated possession procedure) after having given that required three(/two) months notice using the form prescribed.
      I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

      I do not answer questions through private messages which should be posted publicly on the forum.

      Comment


        #4
        Originally posted by JK0 View Post
        One of these days someone is going to defend s21 by pointing out that any time they do leave the property will be 'after' the date specified.
        As long as it is correctly drafted, properly served and all the preconditions are met the court must grant possession. The wording of the notice does not come into it.

        Comment


          #5
          Thanks for the responses, all preconditions are met. It was the form download from gov.uk website so pretty easy to fill in.

          He has a 12 month lease with a break option at 6 months. I served the FORM 6A after 4 months of his lease had passed so I assume this is OK.

          Comment


            #6
            If the break wording allows a s21 notice to execute the break, you might be OK.
            Conventionally a break clause is a slightly different process and it depends what your tenant does when the break clause ends the tenancy.

            I think some of the responses might need to be reconsidered in the light of the new information about the break clause.
            When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
            Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

            Comment


              #7
              Originally posted by river11 View Post
              He has a 12 month lease with a break option at 6 months. I served the FORM 6A after 4 months of his lease had passed so I assume this is OK.
              I think we need to see the break clause.

              Comment


                #8
                There's a note on each page stating a break option after 6. Plus he's forefeitured the lease as he's not paid rent for over 3 months.

                Comment


                  #9
                  Originally posted by river11 View Post
                  Plus he's forefeitured the lease as he's not paid rent for over 3 months.
                  That's not how an assured shorthold tenancy works......
                  I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

                  I do not answer questions through private messages which should be posted publicly on the forum.

                  Comment


                    #10
                    It's the early termination of the lease which is really what I'm interested in, as that is what the break clause relates to.
                    I've given 3 months notice to leave (on Form 6A) after 4 months of the initial lease so the actual vacate date on the form is well past 6 months of the original start of the lease.
                    Does this seem correct?

                    Comment


                      #11
                      Just to bump this, the form 6a I've sent giving 3 months notice, served after 4 months of the initial lease (AST with 6 month break option) is correct. The move out date I've given is past 7 months of the initial lease.

                      Also does the move out date have to end on the last payment date, even though the tenant is paying anything. Or can it be in the middle of the month, just so long as I've given the 3 months notice?

                      Comment


                        #12
                        Was break clause invoked before form 6a served please,?
                        I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                        Comment


                          #13
                          The s21 is probably fine as also a break notice per Fawaz v Aylward & Anor. [1997] 29 HLR 408, CA.
                          I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

                          I do not answer questions through private messages which should be posted publicly on the forum.

                          Comment


                            #14
                            Originally posted by KTC View Post
                            The s21 is probably fine as also a break notice per Fawaz v Aylward & Anor. [1997] 29 HLR 408, CA.
                            Probably but don't think there's been a test case since form 6a
                            I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                            Comment


                              #15
                              I just sent the Form 6A to end the tenancy which does seem OK as KTC kindly pointed out. Although it does say 'MAY be sufficient' on an item I discovered, but as there's no test case on Form 6A in this Covid-19 Period I suppose their may not be an answer just yet.

                              "service of a s21 notice may be sufficient to activate the break clause (Aylward v Fawaz (1997) 29 HLR 408, CA))."

                              I actually also served a section 8 just before the government imposed the new rules but the courts won't touch the PCOL till just before the Form 6A date expires, which is why I'm going with Form 6A as I just want the property back.

                              I suppose a covering letter with my form n5b would help which I'll probably do as with the deposit I've used the 'Zero deposit' scheme and there's no where to stipulate this on the form.

                              Comment

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